Thursday, January 20, 2011

Court Weighs Whether Corporations Have Personal Privacy RightsAdam Liptak, The New York Times News Service: "A year ago, the court ruled in the Citizens United decision that corporations and unions had a First Amendment right to spend money in candidate elections. But that decision, which involved a question of constitutional law, did not come up at the argument on Wednesday, which considered the quite different issue of what Congress meant when it exempted some files from disclosure under the Freedom of Information Act. The exemption at issue in the case, Federal Communications Commission v. AT&T Inc., No. 09-1279, protects information that 'could reasonably be expected to constitute an unwarranted invasion of personal privacy.'"Read the Article

UBS AG Whistleblower Birkenfeld was swiftly imprisoned, never able to file his False Claims Act complaint, not released on bail pending appeal.

The culprits at UBS-AG were never prosecuted.

The vast majority of estimated 40,000 account holder names were never released by UBS-AG as part of an agreement reached between the US and Swiss governments...

The new WikiLeaks records show the US government providing assistance to a bank that was caught in a mega-fraud against the US government... while the vast majority of funds owed to US government were never paid back to the US treasury...

In the meanwhile the Swiss government appears to retaliate against the leaker of banking data from outside Switzerland... in a matter where the Swiss government has no jurisdiction...

Conduct of the US government in this matter is inconsistent with Equal Protection, or the interests of the People of the United States...

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WikiLeaks claims US and Swiss struck UBS deal: A document revealed by whistleblowing internet site WikiLeaks appears to show that Switzerland struck a deal with the United States in 2009 to help embattled bank UBS.http://bit.ly/e0v2HV
Swiss ex-banker faces new probe over WikiLeaks data: Police questioned former banker Rudolf Elmer on Thursday over possible fresh breaches of Swiss bank law for giving data to WikiLeaks this week, a day after he was found guilty of violating bank secrecy.
'Blum questioned whether Swiss authorities had any solid basis for believing the discs' contents included data from Switzerland. "The Swiss are just angry because of the attention (Elmer's latest actions) have put on their system of secrecy. I think that attention is well deserved," Blum said.
Switzerland's bank secrecy helped it build a $2-trillion wealth management industry...'http://www.reuters.com/article/idUSLDE70J1RI20110120
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US Judge Frank Montalvo"Public corruption is prevalent in the United States... Public corruption also is a Texas tradition" [8]

Los Angeles, January 20 - the ongoing corruption scandal in El Paso, Texas, continues for the fourth year. In parallel, USA v Ketner et al (3:06-cr-01369) in the US District Court, Western District of Texas, continues, sealed, for the fourth year.

Media's efforts to unseal the case remain denied by US Judge Frank Moltalvo.

Texas Media claim that it is the largest public corruption case in the history of the United States.

In denying media's Motion to Intervene and justifying the ongoing sealing in acase, where a judge is judging corrupt judges, Judge Frank Montalvo in his May 28, 2008 Memorandum Opinion and Order states: [1]

b. The Public's Common-Law Right of Access

American courts recognize a general right to inspect and copy public records and

documents, including judicial records and documents.[41] "It is uncontested, however, that the

right to inspect and copy judicial records is not absolute. Every court has supervisory power over

its own records and files, and access has been denied where court files might have become a

vehicle for improper purposes.[42]

It is difficult to distill from the relatively few judicial decisions a

comprehensive definition of what is referred to as the common-law

right of access or to identify all the factors to be weighed in

determining whether access is appropriate. The few cases that

have recognized such a right do agree that the decision as to access

is one best left to the sound discretion ofthe trial court, a discretion

In denying on October 14, 2008 media's second Motion to Intervene, Judge Montalvo provides the quote: [2]

"[W]hile all deception requires secrecy, all secrecy is not meant to deceive."

Obviously, in the ongoing El Paso, Texas, sealed court corruption case, the public would not be able to distinguish, which of the two it is.______LINKS:
[1] 11-01-20 Corruption of the courts and the legal profession in El Paso - Sealed in the Heart of Texashttp://www.scribd.com/doc/47248633/______
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.http://twitter.com/inproperinlahttp://www.scribd.com/Human_Rights_Alerthttp://inproperinla.blogspot.com/http://human-rights-alert.blogspot.com/http://www.liveleak.com/user/jz12345http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institutehttp://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "Innocent people remain in prison"* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."LAPD Blue Ribbon Review Panel Report (2006)http://www.scribd.com/doc/24902306/* "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001) http://www.scribd.com/doc/29043589/* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) http://www.scribd.com/doc/274339_____________________________
WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?* "...corruption of the courts and the legal profession and discrimination by law enforcement in California." http://www.scribd.com/doc/38566837/

Retired Justice Weaver may be unique as a judge that broke ranks with the judiciary. However, conditions that she documents in the Michigan Supreme Court are not unique at all

Los Angeles, January 20 – conditions in the highest court of Michigan, described by retired Michigan Supreme Court Justice “Betty” Weaver, are no less than a “burlesque” – a term used in the US Congress a century ago to described conditions in the US courts.

Justice Weaver has been an open and vocal critic of the Court, both before and after her retirement, on August 26, 2010, after 36 years of service in the Michigan courts.

She has been all along a proponent of court reform.

In response, the Michigan Supreme Court issued on November 17, 2010 a “Censure” of retired Justice Weaver, which was described by the dissenting Justice Diane Hathaway of the same court as “a formal censure without any adjudicative proceeding”.

·In her May 19, 2006 memo, then Justice Weaver objects to “unprofessional, undignified” conduct by the justices of the Michigan Supreme Court in conference, such as the use of the “N” word in reference judgeship candidate, and the reference to an appellate counsel as “ignorant slut”. [1]

Needless secrecy in Supreme Court Justices’ performance in the business of judicial government allows and encourages the abuse of judicial powers of interpretation and discretion. That can lead to violation of the rule of law and the unjust, unprofessional, unfair, and disorderly performance of the Justices’ duties.

What did happen is that on November 17, 2010, five (5) of the seven (7) justices of the Michigan Supreme Court violated the Michigan Constitution.

Retired Justice Weaver may be unique as a judge that broke ranks with the judiciary. However, conditions that she documents in the Michigan Supreme Court are not unique at all:

·A 2010 report by the United Nations Human Rights Council referred to “corruption of the courts and the legal profession” in California. [2]

·Regarding conduct of the state courts in the United States in general the following was reported in summer 2010: [3]

On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations.

·The recent Motion to Intervene in the US Court of Appeals, 9th Circuit, under Log Cabin Republicans v USA et al, [4] describes conditions at the US District Court, Central District of California, where entire litigations are conducted in deliberately invalid manner. However, the electronic authentication/attestation records, which would have enabled the public to discern the facts in such matters, are kept confidential.

·A deliberately invalid litigation where a false and deliberately misleading docket was published online by the court was detailed in conduct of the US District Court, Southern District of New York, under Securities and Exchange Commission v Bank of America Corporation. [5] Request was consequently filed with US Congress for the impeachment of US Judge Jed Rakoff and Clerk of the US Court Ruby Krajick. [6]

·Similarly, a deliberately invalid litigation where a false and deliberately misleading docket was published online by the court conductwas detailedin conduct of the US District Court, Eastern District of Virginia under Commonwealth of Virginia v Sebelius. [7]

·Secrecy in conduct of the Supreme Court of the United States, denial of the right to file petitions, denial of the right for valid and honest notice and service by the Office of the Clerk, and no evidence of adjudicative proceedings in the public paper court files led to the very recent request for inspection of the electronic records of the Supreme Court of the United States. [8]

[6] 11-01-10 Request for investigation/impeachment proceedings, in re: US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829)

11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!http:// www.scribd.com/doc/75348301/12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisishttp://www.scribd.com/doc/96504009/Secede! The US in its current form is simply unmanageable...

What did the experts say?

* דוח סייג לזכויות האדם נכלל בדוח התקופתי של האו"ם לגבי זכויות האדם בישראל (2013), בלוויית ההערה: "חוסר יושרה בכתבים האלקטרוניים של בית המשפט העליון, בתי המשפט המחוזיים, ובתי הדין למוחזקי משמורת בישראל".* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2010 Periodic Review Report regarding Humnan Rights in the United States, with the note: "corruption of the courts and the legal profession and discrimination by law enforcement in California".* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2013 Periodic Review Report regarding Humnan Rights in Israel, with the note: "lack of integrity of the electronic records of the Supreme Court, the district courts and the detainees courts in Israel."

The United States

* "...it's difficult to find a fraud of this size on the U.S. court system in U.S. history... where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Raymond Brescia, a visiting professor at Yale Law School

* Los Angeles County is"the epicenter of the epidemic of real estate and mortgage fraud."FBI (2004)

* “…judges tried and sentenced a staggering number of people for crimes they did not commit."Prof David Burcham, Loyola Law School, LA (2000)

* “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.”Prof Erwin Chemerinksy, Irvine Law School (2000)

http://www.scribd.com/doc/239647129/The HRA submission was incorporated into the 2015 HRC Professional Staff Report on the United States with the note: :“HRA NGO recommended restoring the integrity of the IT systems of the courts, under accountability to the Congress, with the goal of making such systems as transparent as possible to the public at large.”

[2] Human Rights Alert (NGO) submission for the 2013 UPR of the State of Israel was incorporated into the UN Human Rights Council Professional Staff Report with the note: "Lack of integrity in the electronic record systems of the Supreme Court, the district courts and the detainees' courts in Israel".

2012-06-04 Human Right Alert's Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, of the

[3] Human Rights Alert (NGO) submission for the 2010 UPR of the United States was incorporated into the UN Human Rights Council Professional Staff Report with the note: "Corruption of the courts and the legal profession and discrimination by law enforcement in California."

2010-04-19 Human Rights Alert (NGO) submission to the United Nations Human Rights Council for the

2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report:

[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California."http://www.scribd.com/doc/38566837/http://www.scribd.com/doc/108663259/